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Recent changes
State v. Wilson - Sentence Vacated Due to Plea Agreement Violation
The Ohio Court of Appeals vacated the sentence of Sha’lon Wilson due to a potential violation of her plea agreement by the State. The court found that Wilson's due process rights were violated and remanded the case for resentencing, allowing her the opportunity to withdraw her guilty pleas.
Rizk v. Droco Roofing - Denial of Motion for Relief from Judgment
The Ohio Court of Appeals affirmed the trial court's denial of a motion for relief from judgment filed by Droco Roofing. The court found no abuse of discretion, as Droco and its counsel failed to provide a change of address and did not check the docket for updates on the case, including the hearing date.
Ohio Court of Appeals Opinion on Child Custody
The Ohio Court of Appeals affirmed a juvenile court's decision granting permanent custody of two minor children to the Cuyahoga County Division of Children and Family Services. The court found sufficient evidence to support the custody award and denied the mother's motion to extend temporary custody.
Griffith v. Chelsea Condominimum - Settlement Agreement Dispute
The Ohio Court of Appeals reviewed a dispute over a settlement agreement, focusing on contract law, attorney's fees, and damages. The court affirmed the trial court's enforcement of the settlement but reversed and remanded the award of attorney's fees pending further review of mitigation arguments.
State v. Matos - Gross Sexual Imposition Sentencing Appeal
The Ohio Court of Appeals affirmed the six-year sentence for Eddie Matos, who pleaded guilty to two counts of gross sexual imposition involving minor children. The court found the trial court properly considered sentencing statutes and that consecutive sentences were supported by the record.
State v. Smith - Delayed New Trial Motion Denied
The Ohio Court of Appeals affirmed a trial court's decision denying a defendant's motion for leave to file a delayed motion for a new trial. The court found the appellant failed to demonstrate he was unavoidably prevented from discovering the grounds for his motion.
State v. Wilson - Rape, Self-Incrimination, Prosecutorial Misconduct
The Ohio Court of Appeals affirmed a trial court's rulings in State v. Wilson, concerning rape, self-incrimination, and prosecutorial misconduct. The court found that while some prosecutorial questions were improper, they did not substantially prejudice the defendant's right to a fair trial. Rulings on evidence were also upheld.
Ohio Court of Appeals Dismisses Appeal for Lack of Jurisdiction
The Ohio Court of Appeals dismissed an appeal filed by Myron Grace against Jack Thistledown Racino. The court found it lacked jurisdiction because the trial court's dismissal of the complaint without prejudice is not a final appealable order, and no exception applied.
State v. Toney - Rape, Remote Testimony, and Evidence
The Ohio Court of Appeals affirmed a conviction for two counts of rape of a minor and consecutive life sentences. The court found that while permitting remote testimony from a forensic interviewer was an error, it was harmless due to other evidence and duplication of testimony. The ruling addresses issues of remote testimony, the Confrontation Clause, and sentencing factors.
In re Estate of Fogle - Estate Administrator Appointment
The Ohio Court of Appeals affirmed a probate court's decision appointing Steven Fogle as administrator of Helen Fogle's estate. The appellant, Lesley Fogle, failed to demonstrate reversible error in the lower court's ruling, which overruled her objections to the magistrate's decision.
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